What is a Certificate of Relief? Can it Help Me?

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NC Erase the past expungement lawyerMany people who seek to have their criminal record expunged may not meet the criteria necessary in order to be eligible for an expungement. If a criminal conviction is preventing you from gaining employment or hurting you in some other way a “certificate of relief” might be your best option. A certificate of relief may help you even if you are not eligible for an expungement.

The basic requirements for relief, contained in new G.S. 15A-173.2 for a “certificate of relief” are as follows:

 

  1. The person must have been convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court and have no other convictions for a felony or misdemeanor (other than minor traffic violations).
  2. The person must petition the court in which the convictions occurred (District or Superior Court)
  3. The person must establish that twelve months have passed since the completion of the sentence, that the person is engaged in or is seeking to engage in a lawful occupation or activity, and that the person has no criminal charges pending.

 

According to UNC School of Government, if granted, a certificate of relief applies to two types of collateral consequences: “collateral sanctions,” defined as penalties, disabilities, or disqualifications imposed by operation of law; and “disqualifications,” defined as penalties that an agency, official, or court may impose based on the conviction. In other words, collateral sanctions are those that are mandatory in the absence of a certificate of relief (or other form of relief), while disqualifications are those that a board or commission would have the discretion to impose. A certificate of relief relieves the person of all mandatory collateral sanctions except those listed in G.S. 15A-173.3 (for example, sex offender registration requirements and firearm disqualifications under G.S. Chapter 14, Article 54A (The Felony Firearms Act) and Article 54B (Concealed Handgun Permit)); those imposed by the North Carolina Constitution or federal law (for example, the state constitutional ban on holding the office of sheriff if previously convicted of a felony and federal bans on federally assisted housing and food stamp benefits for some convictions); and those specifically excluded in the certificateA certificate of relief does not bar an entity from imposing discretionary disqualifications based on the conviction, but the entity may consider the certificate favorably in deciding whether to impose the disqualification. A certificate of relief does not result in an expunction or pardon of the conviction; a person must use other mechanisms to the extent available to obtain those forms of relief. (See http://www.sog.unc.edu/node/2672 for more information.)

If you think you may be eligible for a certificate of relief according to these requirements, call The Law Offices of Wiley Nickel, PLLC today! Call (919) 585-1486 for a free consultation or more information. We can help determine your eligibility and get you started toward relief from your past mistakes.

 

North Carolina Expungements for High School & College Students

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ExpungementGraduate with a clean criminal record!

Many criminal convictions for those arrested under the age of 22 are eligible to be expunged from your record.  The law has changed to allow many youthful offenders to clear up their criminal record.  If you were charged with a crime under the age of 22 you may be able to have all public records of your conviction erased through the North Carolina expungement process.

Dismissed Criminal Cases

Just because a case was dismissed doesn’t mean it goes away.  In order to clear your record you must petition the court for a legal expungement.  Many people think that once their case is dismissed that all records are erased.  This is not true.  You must file an expungement petition to clear your record.  Otherwise the charges will follow you around forever when you’re looking to apply to schools, rent an apartment or most importantly… apply for a job.  In terms of job interviews it’s never good to have a record of a criminal charge as part of your first impression.

Contact The Law Offices of Wiley Nickel for a free consultation to see if your dismissed criminal charge is eligible for an expungement.

Requirements to Expunge Your Dismissed North Carolina Criminal Charges

  1. Your case must have been dismissed.
  2. No Felony Conviction on your record.
  3. You can only use a dismissal expungement one time in your life.
  4. You can get other dismissed cases if they were dismissed within a year of each other.
  5. We can file the petition the day after your case was dismissed.

Erase Your Conviction!

Do you have a criminal conviction on your record from under the age of 22?  Many convictions for crimes committed under 22 years of are eligible for an expungement.

Misdemeanor Convictions Under 18

The bad news is that North Carolina is one of two states in the country to treat 16 and 17 year olds as adults for criminal purposes.  The good news is that North Carolina is fairly generous in terms of granting expungements for those convicted of crimes that happened under the age of 18.  If you were convicted of a crime that occurred before your 18th birthday you may be eligible for an expungement.  So we are looking for a date of arrest/date of citation by the police that happened before your 18th birthday.  Even if your date of conviction happened after you turned 18 you are still likely eligible to expunge that criminal conviction.

Requirements to Expunge Your North Carolina Misdemeanor Conviction Under 18

  1. You must have been arrested or cited prior to your 18th
  2. Almost all misdemeanor convictions are eligible.
  3. You must wait at least two years after the date of conviction to petition the courts for an expungement.
  4. You cannot have any subsequent convictions after your original conviction.
  5. You must pay court costs of $175.
  6. You will need to provide several specific affidavits to accompany your petition.

 

Non-Violent Felony Convictions Under 18

If you were convicted of a low-level non-violent felony with a date of arrest before your 18th birthday you may be eligible to have your felony conviction expunged.  So we are looking for a date of arrest by the police that happened before your 18th birthday.  Even if your date of conviction happened after you turned 18 you are still likely eligible to expunge that non-violent criminal conviction.

Requirements to Expunge Your North Carolina Non-Violent Felony Conviction Under the age of 18

  1. You must have been arrested prior to your 18th birthday.
  2. Low-level non-violent felony convictions are eligible.
    1. H & I Level felony convictions may be eligible
    2. Any offense with assault as an essential element of the case is not eligible.
    3. Certain drug charges are not eligible.
  3. You must wait at least four years after the date of conviction to petition the courts for an expungement.
  4. You cannot have any subsequent convictions after your original non-violent felony conviction.
  5. You must pay court costs of $175.
  6. You will need to provide several specific affidavits to accompany your petition.

 

Drinking Tickets Under 21

If you were convicted of misdemeanor possession of alcohol 18b-302(b)(1) a “drinking ticket” you may be eligible to have the conviction expunged.  If you plead guilty you also may be eligible.  Many people do not realize that the Legislature allows youthful offenders to have these convictions expunged.  In terms of job interviews it’s never a good first impression to be forced to talk about a drinking ticket on your record.  You can avoid that discussion by having your drinking ticket conviction expunged.

Requirements to Expunge Your North Carolina Drinking Ticket Conviction

  1. You must have been cited prior to your 21st birthday.
  2. You must wait at least two years after the date of conviction to petition the courts for an expungement.
  3. You cannot have any subsequent convictions other than your drinking ticket.
  4. You must pay court costs of $175.
  5. You will need to provide several specific affidavits to accompany your petition.

 

Drug Possession Conviction Under the age of 22

If you were convicted of drug possession or possession of drug paraphernalia under the age of 22 you may be eligible to have your conviction expunged.  Contact The Law Offices of Wiley Nickel for a free consultation to determine whether or not you qualify for an expungement.

Requirements to Expunge Your North Carolina Drug Conviction Under the age of 22

  1. You must have been cited or arrested prior to your 22nd birthday.
  2. You must wait at least one years after the date of conviction to petition the courts for an expungement.
  3. You cannot have any subsequent drug related convictions.
  4. You must pay court costs of $175.
  5. You must have completed an approved drug education program or you may ask the court to waive that requirement.
  6. You cannot have any felony convictions on your record and you cannot have any drug related convictions on your record.

 

Contact a North Carolina Expungement Lawyer Today!

 

If you have any convictions on your record for offenses that occurred prior to your 22nd birthday we may be able to expunge the convictions.  Contact The Law Offices of Wiley Nickel, PLLC today at 919-585-1486 for a free consultation.  We handle expungement petitions for the entire state of North Carolina.  You never get a second chance to make a first impression – contact us today to see whether or not your record can be expunged.

Can I Get My DWI Conviction Expunged?

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ExpungeMyNCRecord.com

ExpungeMyNCRecord.com

When you are found guilty of driving while impaired, or DWI, the record always stays on your driving record and criminal history report. The presence of this charge can make it difficult, if not impossible, to find a job involving driving or use of heavy machinery.  At The Law Offices of Wiley Nickel, we know most DWI offenders simply made a mistake and are not criminals or alcoholics.

Until recently, there was nothing you could do about a DWI conviction. Thankfully, a law was passed in North Carolina in 2012 which allows DWI convictions to be expunged for those who meet specific criteria.

The most essential requirement to get a DWI expunged involves time. According to North Carolina law, you must wait 15 years before your charge is eligible for expunction. This is the case with many charges resulting in conviction. Secondly, you must have a clean criminal record. You may not have any other criminal convictions from before or after your DWI. (Minor traffic or speeding tickets will not affect your ability to get an expungement.)

If you think you are eligible to have your DWI conviction expunged, call our office today! At The Law Offices of Wiley Nickel we can help you determine your eligibility over the phone. Don’t let an old DWI conviction define who you are on job applications. Call us at (919) 948-7159 for a free consultation today.  The Law Offices of Wiley Nickel, PLLC is located in Wake County North Carolina and handles DWI cases and misdemeanors in Raleigh, NC.